Key Senate panel goes down security proposals

TALLAHASSEE -- A key Senate panel grappled Monday with security in the wake of terrorism, and the struggle involved closing public records and taking witnesses into custody.

The Select Committee on Public Security and Crisis Management approved several bills that would limit the public's access to records during investigations into terrorism or terrorist threats.

One would allow investigators to seal public records for up to a week on their own and another two weeks with court approval. Others would temporarily deny access to things like drivers license information if police asked for them first, seal details related to the location of stockpiled drugs and close security plans for private facilities that could be terrorist targets.

Also Tuesday, the House Select Committee on Public Security voted to recommend $8.4 million in budget requests so agencies like the Florida Department of Law Enforcement and Department of Health can better prepare for and investigate terrorist acts, including bioterrorism.

State lawmakers are in special session to cut the budget. But there is widespread expectation that bills dealing with economic development and security will also be handled if legislators can reach consensus on those matters.

The Senate committee went down a list of proposals that will still be reviewed by the other Senate committees, including a bill to ratchet up penalties for terrorism.

There was not a lot of debate on the public records laws before the committee approved them.

"I am willing to give the benefit of the doubt to the people in the trenches," said Sen. Ron Silver, D-North Miami.

Sen. Rod Smith, an Alachua Democrat and former prosecutor, said the proposal to let law enforcement temporarily deny access to public records would not allow arrest records to be closed.

"This is not about denying the public any records," said Sen. Rod Smith.

Sen. Alex Villalobos, R-Miami, cast the sole dissenting vote. He later said he thought the system of checks and balances provided in an open government that allows public oversight has worked well.

Barbara Petersen, executive director of the First Amendment Foundation, criticized the bills.

"It worries me that we are willing to cripple our constitutional right to government oversight to this extent," she said. "At a time of national crisis, I think the opportunity for governmental oversight should be protected at all costs."

The most debate was generated by a measure to allow the detention of key witnesses in terrorism investigations for up to four days.

Smith noted detention of material witnesses by federal authorities has been upheld in court.

Sen. Walter "Skip" Campbell, D-Fort Lauderdale, said he had grave concerns that chipping away at constitutional rights played right into the hands of terrorists.

"People should not be detained without some reasonable cause," he said. "And the reason we do that is so that we aren't a country like Afghanistan or Iraq."

But Campbell said amendments to ensure that the bill applied only to terrorism investigations addressed his concerns. He voted for the bill.

The House committee recommended several items requested by agencies as a response to the terrorist attacks and the deliberate spread of anthrax in Boca Raton.

The Department of Health is seeking $2.6 million. The money would upgrade communications systems so doctors can more quickly diagnose diseases and report outbreaks, add three scientists in labs that would conduct tests during a biological or chemical attack, increase the state's supply of drugs and create seven positions to identify and investigate disease outbreaks.

The FDLE is seeking $4.8 million. The money would pay for 30 positions to create regional anti-terrorism task forces and a statewide terrorist database, train police officers on how to respond to terrorist acts and pay for an infrastructure security assessment.

The Public Service Commission is seeking $500,000 to study the security of power plants and other utilities that could be terrorist targets. The Department of Highway Safety and Mover Vehicles is also seeking $500,000 to pay for equipment to scan documents provided by foreigners to obtain drivers licenses here.